QUESTION
Am I entitled to any part of his estate and if so, what would I have to do?
Asked on Jan 25th, 2014 on Estate Planning - Michigan
More details to this question:
My father abandoned me as a child. I learned that he died recently and I have a step sister. I know he had a house that was recently sold and a complaint for probate of will was filed in the county surrogate court.
15 ANSWERS
You need to contact the court and see if you can see the will that is being probated and if you were not mentioned in the will, you should see and attorney.
Answered on Feb 06th, 2014 at 7:28 AM
Edwin K. Niles
You should see an experienced probate lawyer ASAP.
Answered on Feb 04th, 2014 at 5:49 AM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Unless your father's parental rights were terminated, you would be entitled to a percentage of his estate if he died without a will. But since the will has been presented to the court, the will will delineate whether you are named as a beneficiary, etc.
Answered on Feb 04th, 2014 at 5:49 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself the service of a probate lawyer who can file a petition for heirship for you to make a claim for your share of the estate.
Answered on Feb 04th, 2014 at 5:48 AM
If your father had a will, that would control who inherits the assets of his estate. If he died without a will, you can petition the court to acknowledge your relationship and include you in the distribution of assets.
Answered on Feb 03rd, 2014 at 4:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. It depends on whether he had a will and purposely excluded you. If there was no will or it appears that he may have forgotten you existed, you may be entitled so something. You need to get a lawyer where the probate is occurring to help you figure it out.
Answered on Feb 03rd, 2014 at 7:57 AM
3 Awards
Were you ever adopted? If not, you may be entitled to inherit form his estate. It depends upon whether he had a Will, included you, etc. You should speak with an attorney who can review the court file and advise you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 03rd, 2014 at 7:57 AM
Thomas Edward Gates
You need a probate attorney to assist you. You will have to use a "forgotten child" provision of the law to receive anything from his estate.
Answered on Feb 03rd, 2014 at 7:56 AM
If your father relinquished parental rights in a valid legal proceeding, then you have no rights to any portion of his estate unless he left you an interest via his Will. For further information, consult with an attorney specializing in estate administration.
Answered on Feb 03rd, 2014 at 7:56 AM
2 Awards
Contact an attorney asap. As long as you were not adopted by another father, you have a right to his estate but once that estate is closed, you will be out of luck.
Answered on Feb 03rd, 2014 at 7:56 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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"Surrogate Court?" You're not in Oregon, are you? The answer to your question is going to be particular to state law.
Answered on Feb 03rd, 2014 at 7:56 AM
Check the court file and see if you are named in the Will. If he did not mention you, you may have a legal claim for a share of his estate.
Answered on Feb 03rd, 2014 at 7:55 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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If he died without a will you have a right to inherit.? If the will does not mention you, you are probably out of luck, but can file a will contest.
Answered on Feb 03rd, 2014 at 7:55 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is a Will then the terms of the Will control the disposition of your father's assets. If there is no Will then the statute on descent and distribution controls the disposition of his estate. Please note that joint tenancy property and assets with a designated beneficiary pass outside of the decedent's estate. If there is no Will then the heirs are the spouse (1/2), if any, and the children born to or adopted by the decedent(share ?). If your mother and your father were married when you were born then you are deemed a child of the father. If your father and mother were not married when you were born then paternity must be established. Acknowledgment of paternity by the father is critical.
Answered on Feb 03rd, 2014 at 7:55 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is apparently not a Michigan matter because we have neither "complaints for probate" nor surrogate courts. It sounds like maybe a New York case. You should repost your question there, because Michigan law may be very different. Generally, there is no obligation for a parent to leave ANYTHING to a child. If there was a Will that by-passed you, then you may have little recourse. Much will depend on your father's condition at the time the Will was executed. Since you are not going to be in a position to introduce compelling evidence on this issue, I do not see how you could overturn the Will.
Answered on Feb 03rd, 2014 at 7:55 AM